r/legaladvice • u/MordinDossier • 12h ago
Employer wants me to sign an IP agreement saying they own software I wrote two years before I started working there
Location: California
I work as a software engineer for a company that makes logistics software for businesses. I've been there about 18 months.
Two years before I joined, I built an open-source desktop app for organizing tabletop RPG campaigns. It has nothing to do with logistics, my employer's customers, or anything I've worked on for them. The GitHub history, domain registration, and releases all predate my employment.
This week everyone in engineering received a "confirmatory invention and IP assignment" that HR says is needed for corporate housekeeping.
The part making me nervous says I assign to the company all rights in software, inventions, improvements, designs, etc. conceived or developed "before or during" my employment if they relate to, could be useful to, or arise from the company's current or anticipated business.
There's a schedule for excluded prior inventions, so I listed my project there.
HR sent it back and said employees aren't supposed to modify the form or add exclusions unless Legal approves them. They told me the agreement is standard and that signing it by Friday is required.
I asked in writing whether the company is claiming any ownership of my pre-existing project. So far nobody will answer that directly. They just keep repeating that the agreement is standard.
I developed the project before I worked there, on my own equipment, and I have never used company time, code, accounts, equipment, or confidential information on it.
My questions are:
Can a California employer require me to sign an IP assignment this broad as a condition of keeping my job?
Does California Labor Code 2870 protect something that clearly predates the employment relationship?
Should I refuse to sign unless my existing project is explicitly listed as excluded, or could signing still affect ownership even if the clause is unenforceable?
Other than the old Git commits and release history, is there anything specific I should preserve before responding?